CAT/C/KOR/CO/2
page 4
(c)
The Committee also urges the State party to establish comprehensive
programmes for the treatment and rehabilitation (both physical and mental) of
victims of torture and ill-treatment, including the right to fair and adequate
compensation.
9.
The Committee notes with concern that the right to have legal counsel present during
interrogations and investigations is not presently guaranteed by the Criminal Procedure Act and
is only permitted under guidelines of the public prosecutors’ office.
The State party should take effective measures to ensure that fundamental legal
safeguards for persons detained by the police are respected. In this regard, the
Committee recommends the adoption of the relevant amendments to the
Criminal Procedure Act, currently pending before the National Assembly,
guaranteeing the right to have legal counsel present during interrogations and
investigations.
10.
While taking note of the information provided by the State party concerning the
independence of the judiciary, the Committee remains concerned at the lack of sufficient
guarantees of this independence, in particular that the evaluation process of judges may impact
the security of their tenure.
The State party should take measures to ensure security of tenure of judges and to
prevent interference in their judicial functions.
11.
The Committee is concerned about reports that the urgent arrest procedure, by which
individuals can be detained without an arrest warrant for a maximum period of 48 hours, is
excessively resorted to, amounting to an abuse of the process.
The State party should continue to take all necessary legal and administrative
measures to strictly regulate the use of the urgent arrest procedure and to
prevent its misuse, and to guarantee the rights of persons detained in this manner.
In particular, the Committee urges the prompt adoption of the relevant
amendments to the Criminal Procedure Act, currently pending before the
National Assembly.
12.
The Committee is concerned at the absence of adequate legal protection of individuals,
particularly of asylum-seekers, against deportation or removal to locations where they might be
subjected to torture.
The Committee welcomes the delegation’s oral assurances that it will study the
matter of persons removed or returned to locations where they face a real personal
risk of torture. The State party should ensure that the requirements of article 3 of
the Convention apply when deciding on the expulsion, return or extradition of each
case of non-citizens or persons of Korean nationality who may be returned to areas
outside the jurisdiction of the Republic of Korea.